Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Democratic Republic of the Congo (Ratification: 1969)

1. Article 1(a) of the Convention. Definition of remuneration. Family allowances. The Committee notes that the Government submitted a draft law to the National Labour Council  in order to modify certain provisions of the Labour Code, including section 7(h) as discussed in the Committee’s previous comments. The Government indicates that despite its desire to see the elements identified by the Committee included in the Code’s definition of remuneration, the Labour Council’s reformulated draft provision continues to exclude family allowances and other benefits from the definition of remuneration. The Committee reminds the Government that the broad definition of remuneration under Article 1(a) covers all components of remuneration, whether direct or indirect, arising out of the employment relationship, including such things as family allowances and cost-of-living allowances. The Government is asked to indicate how the principle of equal remuneration is applied in practice to family allowances and how it ensures that these allowances are not paid in a manner that discriminates on the basis of sex.

2. The Committee recalls its previous suggestion to amend section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. The Government indicates that it intends to amend this provision and will provide a copy of the revised regulation to the Office. The Committee notes elsewhere, however, the Government’s statement that in the context of the National Interoccupational Collective Labour Agreement (NICLA)  while single women have the right to receive family allowances, a married woman worker cannot claim family allowances unless her husband is unemployed or legally incapacitated. In light of the Government’s declared intention to amend section 21(3) of Legislative Ordinance No. 88-056 and the Committee’s previous suggestion that married couples should be given the opportunity to choose which spouse will receive the benefit, the Committee asks the Government how it intends to ensure that, in the context of the NICLA, married women workers are not discriminated against on the basis of their marital status in the determination of a worker’s eligibility to receive family allowances. The Committee looks forward to receiving a copy of the amended Legislative Ordinance No. 88-056.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to “equal conditions of work, vocational qualifications and output”. It notes the Government’s statement that equal remuneration is guaranteed between men and women workers where the work is of a different nature but of equal value, to the extent that they are in the same professional category. It further notes that the Ministry of Labour and Social Services obtained the National Labour Council’s approval for a draft decree fixing the conditions of work for women including an article which states that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be equal to their male counterparts (article 9). The Committee reminds the Government that discrimination in remuneration may arise out of the existence of occupational categories and jobs that are in practice reserved for women. For this reason, the principle of equal remuneration for work of equal value extends beyond a comparison between male and female workers in the same professional category to include workers in different occupations and sectors of the economy. Furthermore, article 9 of the draft decree, although incorporating the notion of work of equal value, nonetheless limits the principle of equal remuneration to hours worked or supplementary hours. The Committee emphasizes that under the Convention, remuneration includes not only the basic salary and overtime, but any other compensation arising out of a worker’s employment. The Committee encourages the Government, therefore, to consider amending section 86 of the Labour Code along with article 9 of the draft decree to bring them into conformity with Article 1 of the Convention. It also asks the Government to supply information on the manner in which it promotes and ensures in practice the principle of equal remuneration for men and women for work of equal value. Please also forward a copy of the Ministry of Labour and Social Services’ draft decree.

4. Article 3. The Committee has been asking the Government for several years now for information on the general occupational classification, covering the public and private sectors. In this respect, it notes the submission by the Congo Trade Union Confederation indicating that the National Labour Council at its 29th Session adopted a professional classification ranging from general labourers to managing executives. It notes from the Government’s report, however, that this classification, as anticipated by section 90 of the Labour Code, has not in fact been adopted by the National Labour Council. The Committee once again draws the Government’s attention to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138–152 of its General Survey. In this context, the Committee asks the Government to clarify the situation with regard to the adoption of a general occupational classification scheme for the public and private sectors, and how, in the absence of this scheme, the Government promotes and ensures the objective comparison of jobs for the purposes of equal remuneration.

5. Part V of the report form. Statistics. The Committee recalls that section 204 of the Labour Code established the National Employment Office (NEO), which will be responsible for collecting and analysing statistical data. Having noted that the Government is experiencing problems in this area, the Committee again expresses its appreciation regarding the request for technical assistance from the Office and hopes such assistance will be provided. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.